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HomeMy Public PortalAbout1979_10_24 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 24 , 1979 . 100 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on October 24 , 1979 at 7 : 30 P.M. The meeting was called to order by Mayor Pro-Tem Hill, with Mr. Tolbert offering the invocation and followed with the Salute to the Flag led by Mr. Murray. Present were: Mayor Pro-Tem G. Dewey Hill, Jr. , Councilmembers Glen P. Cole, Marylou Hill , Walter F. Murray and John W. Tolbert, Jr. ; also, Acting Manager Jeffrey H. Minor, Director of Engineering Andrew G. Shope and Director of Finance Donald O. Taylor. Absent from the meeting were. Mayor Kenneth B . Rollins and Councilmember Stanley D. Herrell, Jr. The minutes of the regular meeting of October 10 , 1979 were approved as written. Mr . Ray Baine, President of the Loudoun Restoration and Preser- vation Society, accompanied by Mrs . Evalyne Reynolds, presented to Council a check in the amount of $1, 600 . 00 to be applied to the com- pletion of the restoration of the log cabin. The check was received by Mayor Pro-Tem Hill, who expressed the deep appreciation of the Council . Mr. Murray suggested that the manager be directed to ad- dress a letter of appreciation to the Society, with a copy to be made available to the news media to let the people of the town know what great work they have done and that the Town does appre- ciate it. PETITIONERS : Mr. Stan Bright, a resident of 13. East Cornwall Street, read to Council a letter signed by 13 residents of East Cornwall Street between Church and King Streets, expressing appreciation for the residential parking permits over the past three months and request- ing that this system be continued. If this practice is not con- tinued over the next 18 months to two years, these people will have a particularly hard time finding a place to park in view of the construction to take place on the County ' s property. He added that they expect to continue to pay for these permits , what- ever the cost might be . Mr. Tolbert asked if they would be agree- able to a 90-day extension at this time? Mr. Bright said they will be glad to get whatever they can, but they would like to be on a more permanent basis in the future. COUNCILMEMBER INQUIRIES AND COMMENTS : Mrs. Hill asked if Officer Sullivan will be taking the dog with him when he resigns? Mr. Minor said the dog belongs to the Town .and a candidate for this position is willing to take him. ._„ . He will be retrained with a new master, which will take about four weeks. Mr. Cole commented that he is glad to see the Normandy Village project underway. MAYOR PRO-TEM' S REPORT: Mr. Hill felt that Officer Sullivan has proven to be a good officer and he will be sorely missed. He commented that they (Of- ficer Sullivan and the dog did an excellent. job in one of the schools the other day. He was sorry to see him go and felt they should both be complimented. MANAGER' S REPORT: Acting Manager Jeffrey Minor called attention to the written Activity Report distributed Monday night. 79-0-20 - ORDINANCE - AMENDING SECTION 10-97 OF THE TOWN CODE REGARD- ING DRIVING WHILE INTOXICATED. On motion of Mrs . Hill, seconded by Mr. Murray, the following ordinance was proposed : ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : MINUTES OF OCTOBER 24 , 1979 MEETING. 101 SECTION I . Section 10-97 of the Town Code is hereby amended to read as follows : Sec. 10-97 . Driving while under the influence of alcohol or drugs ; adoption of state law. Article 2 , Chapter 7 , of Title 18 . 2 , Sections 18 . 1-266 et seq. , of the 1950 Code of Virginia, as amended, is here- by adopted and made a part of this chapter as fully as though set out herein, and specifically, but not exclusive, Sections 18 . 2-266; 18-2-267; 18 . 2-268 ; 18 . 2-269 and 18 . 2-271 . 1 of the said Code of Virginia. SECTION II . This ordinance shall be in full force and effect from and after its passage. Mrs . Hill explained that this brings our Code up to the State Code. Mr. Minor said this has been suggested by Mr. Martin. We have adopted the DWI section of the Code without adopting the recent amendments, so this is a necessity to successfully prosecute on these charges . Mr. Murray noted that, in tonight' s paper, one of the candidates seeking re-election has taken the Town to task con- CO cerning the recent amendment .regarding business licenses , particu- CO larly for professionals . He said the Town misinterpreted the State N Legislature - it was not intended to raise the license fees in W order to gain revenue. Is this another case where we should check before we misinterpret the State Legislature ' s intent? However, he Q felt that, if our attorney has checked on this, we should depend on Q him. Mr. Hili did not feel there is anything in this ordinance that would generate' , & r licensing fees should be as fair for one as for another. Mr. hill offered to recognize any lawyer who might like to rebut this . There were none present. The ordinance was unani- mously adopted : Aye : Councilmembers Cole.; M. Hill, Murray, Tolbert and Mayor Pro-Tem D. Hill . I/ Nay : None. 79-0-21 - ORDINANCE - ADDING A NEW SECTION TO THE TOWN CODE RE- GARDING RESIDENTIAL PERMIT PARKING. On motion of Mrs. Hill, seconded by Mr. Cole, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Town Code is hereby amended by adding a new section to be numbered Section 10-165 , which said section reads as follows : Sec. 10-165 . Residential Permit Parking. (a) The Council may , from time to time by resolution, designate streets or portions of streets to require that all parking shall be restricted to the holders of per- mits. In such cases the manager shall cause appropriate signs giving notice of such restrictions to be posted on those streets so designated. Permits shall be granted to persons who reside on the street which has been so desig- nated by the Council . Residents may receive two additional permits to distribute to visitors for a period not to ex- ceed 30 days . (b) The parking prohibitions of this section shall not apply to medical, service or delivery vehicles which are being used to provide services or deliveries to dwellings on the restricted street. (c) Application for a permit required by this section shall be filed with the Department of Finance on forms provided for that purpose and accompanied by a fee of $8 . 00 MINUTES OF OCTOBER 24 , 1979 MEETING. 102 for each permit requested. Permits issued under subsection 10-165 (a) shall be valid for a period of one year and may be renewed for additional one-year terms upon payment of the $8 . 00 fee, provided the conditions for issuance still exist. Permit decals, to be provided by the Town, shall be displayed on the rear window:,of the vehicle for which it has been issued. (d) Except as otherwise provided herein, it shall be un- lawful for any person to park any vehicle Monday through Friday between the hours of 10 : 00 a.m. and 3 : 00 p.m. each day for longer than two hours at any one time, whether owner of title or not, on any street so designated for residential permit parking only, without the display of a permit in accordance with this section. SECTION II . This ordinance shall be in full force and ef- fect from and after its passage. Mr. Tolbert said he rode around looking at streets that he thought might create some parking problems , checked for driveways and talked with some of the people about this . Some comments were rough and others were not . This is why he asked Mr. Bright if they would consider an extension and let Council gather forces again to see the reaction of the public. There were some who felt those people living on Cornwall Street can afford to pay, while others who had been parking on these streets for years did not wish to have to pay for parking. Mrs. Hill said she would like to see Council adopt this ordinance - it does not specify any length of time. She thought the opposition of the committee was to the resolution only. Mr. Hill did not know if Council could act in a discretionary manner. Mr. Bright gave very legitimate conditions where they will need it for the next couple of.-years in view of construction by the County. However, he wondered what this would do in other areas of town. Mrs . Hill said she would like to see Council study the two-block area around the downtown business section that could be designated potential permit parking areas. Mr. Minor explained that this has been before Council on two or three occasions. Initially, it was brought back when there was a Supreme Court de- cision involving Arlington. That decision said there could be restricted parking on-street . This had not been permitted in Virginia heretofore. Now Arlington, Alexandria and the District all have this kind of statute . It works in some places and in others it does not. Mr. Hill said it could then be a discretionary act on the part of the Council - this satisfied him and he would be in favor of it this way. Mrs. Hill said she had talked with the head of the Georgetown Citizens Association about a year ago and he had very fine things to say about it. Mr. Murray said he would vote for the ordinance, but he would not vote for extending it . because he felt this would have a "domino effect. " The ordinance was adopted by a vote of 4 to 1 : Aye: Councilmembers Cole, M. Hill, Murray and .Mayor_.. Pro-Tem D. Hill . Nay: Councilmember Tolbert. PROPOSED RESOLUTION DESIGNATING CORNWALL STREET BETWEEN LIBERTY STREET AND SLACK LANE FOR RESIDENTIAL PERMIT PARKING ONLY . On motion of Mrs. Hill, seconded by Mr. Tolbert, a resolution designating Cornwall Street between Liberty Street and Slack Lane for residential permit parking only was proposed. On motion of Mr. Murray, seconded by Mr. Tolbert, Council voted 3 to 2 that this matter be deferred until the next regular meeting when the full Council is present, and that any restrictions or parking permits now in effect shall continue until this has been acted on by the full Council : Aye : Councilmembers Cole, Murray and Tolbert. Nay: Councilmember M. Hill and Mayor Pro-Tem D. Hill . MINUTES OF OCTOBER 24, 1979 MEETING. 79-154 - RESOLUTION - AUTHORIZING A CONTRACT WITH MANAGEMENT 103 IMPROVEMENT CORPORATION OF AMERICA FOR CONSULTANT SERVICES . On motion of Mrs . Hill, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Manager is authorized and directed to enter into a contract with Management Improvement Corporation of America, 617 Moorehead Avenue , Durham, North Carolina 27707 for consultant services described in a "MICA" service proposal for the Town of Leesburg, under the terms and conditions as described in a contract at- tached to a memorandum from the Manager dated September 28 , 1979 . Mr. Hill said he attended the committee meeting last week and listened to the presentation by Mr. Norman. After asking him some very pointed questions, he was convinced that possibly they could do a service to CD the town. Town management is behind this. He suggested that per- haps their study could include the Council members . He did not, how- CD ever, feel we would be getting something for nothing, but the town CO will be the sole judge as to how much their fees will be . The reso- lution was unanimously adopted: Q Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem D. Hill . Nay : None. 79-155 - RESOLUTION - RETAINING BOND COUNSEL AND SERVICES FOR $1, 500 , 000 WATER BONDS, SERIES 1979B. On motion of Mr. Cole, seconded by Mr. Tolbert, the following ' resolution was proposed and unanimously adopted after brief explana- tion by Mr. Minor : WHEREAS , the Town of Leesburg desires to retain the firm of Hunton & Williams, Richmond, Virginia, as its bond counsel in connection with the issuance and sale of $1, 500 , 000 Water Bonds; and WHEREAS , the Town has received a disd.fsi4re by Hunton & Wil- liams, pursuant to Virginia Code Sections 2 . 1-349 (a) (2) and (b) (5) , being part of the Virginia Conflict of Interests Act, of certain members and associates of such firm, and spouses of members or associates, who serve governmental agencies other than the Town; THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . Hunton & Williams, Richmond, Virginia, shall be retained as bond counsel in connection with the issuance and sale of approximately $1, 500 , 000 Water Bonds . SECTION II . The agreement to retain Hunton & Williams as bond counsel is a contract for legal services which, in the judgment of the Town, in the public interest should not be acquired through, competitive bidding. SECTION III . This resolution shall be filed as a matter of public record with the minutes of this meeting. Aye: Councilmembers Cole, M. Hill , Murray, Tolbert and Mayor Pro-Tem D. Hill. Nay: None. MINUTES OF OCTOBER 24 , 1979 MEETING. 104 79-156 - RESOLUTION - AGREEMENT WITH HIGHWAY DEPARTMENT TO RELOCATE AND/OR INSTALL UTILITIES FOR ROUTE 7 EAST URBAN PROJECT. On motion of Mr. Cole, seconded by Mr. Murray, the following resolution was proposed and unanimously adopted : WHEREAS , the Highway Department proposes to construct or otherwise improve a section of Market Street from Catoc- tin Circle to ECL Leesburg designated as Highway Project : 0007-253-102 , PE-101, RW-201, C-501; and WHEREAS, the Town Council is responsible for making arrange- ments for the adjustment and/or relocation of certain utili- ties and for the installation of any new facilities ; THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Town Council of Leesburg hereby certifies that all ar- rangements have been made or will be made for the reloca- tion and/or adjustment of said utility facilities , and for the installation of any new facilities . In the event of any justifiable claims from the road contractor for delays or interference caused by said utilities, the Town of Lees- burg hereby agrees to be responsible for said claims, pro- vided it may legally do so and further provided that the Town is advised in writing by the Highway Department at the time of delay that the road contractor intends to file a claim. Said utilities are identified as follows : Utility Owner Type of Facility Virginia Electric and Power Company Electrical Washington Gas Light Company Gas • . Town of Leesburg Water and Sewer The Chesapeake and Potomac Telephone Company of Virginia Communication Aye : Councilmembers Cole, M. Hill , Murray, Tolbert and Mayor Pro-Tem D. Hill. Nay : None. 79-157 - RESOLUTION - AUTHORIZING THE MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE STATE CORPORATION COMMIS- SION FOR LEESBURG MUNICIPAL AIRPORT. On motion of Mr. Cole, seconded by Mr. Murray, the following resolution was proposed : WHEREAS, the Town of Leesburg owns and operates an airport in the Commonwealth of Virginia which is open to the pub- lic; and WHEREAS, the Town of Leesburg as the owner-operator of this airport facility is responsible for the improvements, main- tenance and safety of the facility; and WHEREAS , the Town of Leesburg has received approval from the State Corporation Commission of its application for a grant in aid with the Commonwealth of Virginia; THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The Town of Leesburg this date approves the project as stated in the project application and authorizes the Town Manager to sign and enter into agreement with the Commonwealth of Virginia any and all documents necessary to accept for the Town of Leesburg the state grant in aid monies for the Leesburg Municipal Airport project . MINUTES OF OCTOBER 24 , 1979 MEETING. SECTION II . The grant offer referred to above is incor- 1 porated herein by reference and a copy will be attached. Mr. Minor explained that this is standard procedure. This is the current project. Mr. Shope said the electrical contractor has had a little problem getting materials but, if the weather holds out, they may be putting down stone and paving next week. The con- tractor may be out in another two weeks . The formal completion date is December 5th but, if there are delays with the electrical equipment, the contract will have to be extended. The resolution was unanimously adopted: Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem D. Hill . Nay : None. 79-158 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH CENTURY AVIATION, INC. REGARDING T-HANGAR CON- STRUCTION. On motion of Mrs . - Hill , seconded by Mr. Tolbert, the fol- lowing resolution was proposed: CD RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : N W The Mayor is authorized and directed to execute, on behalf a of the town, the agreement between the Town and Century Q Aviation, Inc. , transmitted with a memorandum to the Town . Council dated October 5, 1979 , relating to the construction Do= T-hangars on Leesburg Municipal Airport, subject to the addition of a sub-paragraph (c) to Paragraph 1 of the agreement as follows : (c) Construction of the T-hangar facility shall be completed by August 1, 1980 . Mr. Minor explained that this is essential if they don ' t get this work done so we can get our part of the leasehold back. This sets a series of three deadlines for them to meet. If they don' t meet any of these, the section where the t-hangars are to be automati- cally reverts back to the Town . Century will sign this agreement along with the Town. The resolution was unanimously adopted: Aye: Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem D. Hill . Nay : None. 79-159 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A CASH PERFORMANCE BOND FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR PARKER SUBDIVISION, LOT 38 . On motion of Mr. Cole, seconded by Mrs . Hill, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: The town manager is authorized and directed to execute the standard agreement, and the cash bond in the amount of $3 , 546 . 00 is approved, both of which are to guarantee in- stallation of public improvements for Parker Subdivision, Lot 38 , all in accordance with plans approved by the Direc- tor of Engineering. Mr. Shope said the cash is in the bank, the agreement has been signed and the Planning Commission will grant final approval next Thursday night. The resolution was unanimously adopted : Aye: Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem D. Hill . Nay: None. MINUTES OF OCTOBER 24 , 1979 MEETING. 1U 79-160 - RESOLUTION - AUTHORIZING YOUNT, HYDE & CO. TO CONDUCT HOUSING & URBAN DEVELOPMENT GRANT AUDIT. On motion of Mrs. Hill, seconded by Mr . Tolbert, the fol- lowing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . Yount, Hyde and Company, certified public accountants, is hereby authorized to conduct an audit of Housing and Urban Development Grant No. WS-VA-79 re- ceived by the Town of Leesburg at a cost not to exceed Five Thousand Dollars ($5 , 000) unless the scope of the audit extends beyond normal circumstances. SECTION II . An appropriation is made from the Utility Fund to Account No. 20500 . 253 , HUD Audit, in the amount of $5 , 000 . 00 for the fiscal year ending June 30 , 1980 . Mrs . Hill explained that this is a HUD requirement. She asked if it is possible to request such costs along with a grant applica- tion? Mr. Minor explained that the more administrative costs re- quested, the less impact on the area you are trying to serve. If you can 't afford to audit a grant, there could be questions as to your capability to administer the program. The resolution was unanimously adopted : Aye: Councilmembers Cole, M. Hill, Murray , Tolbert and Mayor Pro-Tem D. Hill . Nay : None. 79-161 - RESOLUTION - MAKING APPROPRIATION FOR FISCAL YEAR ENDING JUNE 30, 1980 . On motion of Mr. Tolbert, seconded by Mrs . Hill , the following resolution was proposed and unanimously adopted : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation is made from the General Fund to Account No. 10110 . 820 , Secondary Highway Resurfacing, in the amount of $6 , 000 . 00 for the fiscal year ending June 30 , 1980 . Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem D. Hill . Nay : None. 79-162 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1980 . On motion of Mrs . Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted after explanation by Mrs. Hill : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . An appropriation is made from the General Fund to Account No. 10210 . 262, Fire Insurance, in the amount of $1, 000 . 00 for the fiscal year ending June 30, 1980 . SECTION II . An appropriation is made from the Utility Fund to Account No. 20500 . 805 , 1976 Waterworks Improvements, in the amount of $6 , 400 . 00 for the fiscal year ending June 30 , 1980 . Aye: Councilmembers Cole, M. Hill , Murray, Tolbert and Mayor Pro-Tem D. Hill . Nay : None . MINUTES OF OCTOBER 24 , 1979 MEETING . Mr. Murray apologized if he gave the impression that he was1 07 making this a forum for a political issue with regard to the busi- ness license ordinance. He felt that professional people should pay business licenses on the same basis as those who are non-pro- fessionals . It would seem that someone is writing legislation that we cannot understand if Mr. Brickley ' s comments are true. Other members of Council agreed with this . On motion of Mayor Pro-Tem Hill , seconded by Mr. Murray, Council voted unanimously to go into executive session to discuss legal matters at the adjournment of this meeting: ' Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem D. Hill . Nay : None. On motion of Mr. Murray, seconded by Mr. Tolbert, the meeting was adjourned at 8 : 37 P .M. CD C� May Tem CO (;),_40,1 ; WClerk of t - Council Q / Q I